Probate Index Main Page
Minor Heirs
of
Sarah Hardy, dec'd
Complete Probate Record
Vol. 9
7 Mar 1870-29 Sept. 1873
Shelby County, Indiana
p. 321
Pleas before the Hon. Richard L. Coffey
Judge of the 8th Common Please district of
Indiana of which the County of Shelby
Constitutes a part of a term of the Shelby
Court of Common Pleas began and held at
The Court House in the City of Shelbyville
Shelby County and State of Indiana on
Monday the 4th day of March 1872.
In the Matter of
}
The Guardianship of
}
Elizabeth E. Hardy and
} Petition to sell Real Estate
Joseph W. Hardy minor
} by foreign Guardian
Heirs of Sarah Jane Hardy decd }
Joseph K. Hardy (foreign) Guardian }
Be it remembered that on 26th day of November 1870 the same being the eighteenth Judicial day of the November Term 1870 of said Shelby Common Pleas Court of Shelby County, State of Indiana, before the Hon. Judge aforesaid the following proceeding in the above entitled cause to wit:
Comes now into open Court said Guardian by Davis and Love his Attorneys and files his petition for the sale of certain Real Estate belonging to his said Wards situate in Shelby County, Indiana, which petition is verified by Guardians affidavit and reads in the Words and figures following to wit:
State of Indiana } In the Shelby Com. Pleas Court November
Shelby County } Term A.D. 1870
Joseph K. Hardy would respectfully represent and show to this Court that he is and for the Two years Last past has been in resident Citizen of the County of Macon and State of Illinois, that he is the father of Elizabeth E. Hardy aged ten years, and Joseph W. Hardy aged Eight years, the only children of Sarah Jane Hardy deceased. That said infants during all of said time have and still continue to reside with him in said County of Macon. He further shows to the Court that heretofore "to wit": at and in the said County of Macon County at its June Term of the year 1870, he was by said Court appointed Guardian of the persons and Estates of said infants and ever since that time he has been and still is such Guardian. And said infants, his said Wards are the equal owners in fee simple of the NorthWest quarter of the North East quarter of Section three (3) in Township fourteen (14) North Range seven (7) East Except thirteen and one half (13 1/2) acres off of the North End thereof lying and being in the County of Shelby and State of Indiana of the appraised value of Thirteen Hundred and Twenty five Dollars and which appraisement he files herewith. He shows to the Court that said Wards are possessed of no other Estate whatever except a small interest in other Real Estate which is subject to the life Estate of one Elizabeth Cross, that the income of real estate above described is insufficient to pay taxes and keep the same in repair, and the expenses attendant upon the supervision thereof and avoid waste. That it would be greatly advantageous to the interest of the said Wards to sell said Real Estate and invest the proceeds of said Sale in other lands in said County of Macon and State of Illinois. That the said lands of his said wards can be sold at private sale for the full value. He herewith files a certified copy of his letters, oath and Bond as such Guardian as aforesaid duly authenticated in manner and form provided by Law. And he shows to the Court that his said Bond is sufficient and ample security for Three thousand Dollars and is so certified by the Clerk of the County Court of said Macon County, and which sum is more than twice the appraised value of said lands.
Wherefore he asks the Court for an order to sell at private sale the lands above described for one third cash in hand--one third in Six and the residue in twelve months, with interest at Six percent per annum on defered [sic] payments in all respects conformadable [sic] to the statuate [sic] in such cases made and provided and for the granting of which order your petitioner as such Guardian will every pray.
Joseph K. Hardy
Subscribed and sworn to before me this 29th day of October AD 1870
H. W. Waggoner Co. Clerk
And said Guardian also files a duly authenticated Copy of his appointment as such by the Probate Court of Macon County in the State of Illinois together with a certified Copy of the Record taken by Said Court from hence the said Guardian and his Sureties conditioned for the faithful discharge of his duties as such Guardian according to the Laws of said State in the penal sum of three thousand Dollars whereby it appears to the Satisfaction of this Court that said foreign Guardian is bound with sufficient sureties in said Macon County Illinois to account for and be held responsible for the Proceeds of the proposed Sale of his said wards Real Estate in this County, and the Copies of the Appointment Bond to above refered to reads as follows to wit:
Letters of Guardianship
State of Illinois }
Macon County } SS
In the County Court June Term A.D. 1870 The People of the State of Illinois, to Joseph K. Hardy of said County, Greeting: Whereas at the June term of the Count Court of said County A.D. 1870 holden at Decatur as issued by order of said Court, duly entered of record on the 23rd day of said month, duly appointed Guardian for Elizabeth E. Hardy aged 10 years September 7th 1870, Joseph W. Hardy aged 8 years September 6th 1870. Trusting in your fidelity, therefore, the said Court does by these presents constitute and appoint you to be Guardian unto said minors and authorise and empower you to take and have the care of Their persons and the custody and management of their property, frugally, and without waste or destruction, to improve and account for the same in all things according to law.
{Seal} Witness Henry W. Waggoner Clerk of the said County Court and the Probate Seal of said Court hereunto affixed, at Decatur this 23rd day of June in the year of our Lord one thousand eight hundred and seventy
Henry W. Waggoner
Clerk of the County Court
I Henry W. Waggoner Clerk of said County Court, do certify that the foregoing are full and true copies of the original Letter in my office remaining. Given under my hand and seal of the said Court this 23rd day of June A.D. 1870
{Seal} H.W. Waggoner Clerk
Guardian's Bond
Know all Men by these presents, That we Joseph K. Hardy, James W. Cross & George B. Hardy of the County of Macon and State of Illinois, are held and firmly bound unto the People of the State of Illinois, for the case of Elizabeth E. Hardy & Joseph W. Hardy in the penal sum of Three Thousand Dollars current money of the United States which payment, well and truly to be made and performed we and we and each of us do bind ourselves, our heirs, executors, administrators and assigns, jointly, severally and firmly, by these presents.
Witness our hands and seals, this 23rd day of June A.D. 1870. The condition of this obligation is such That if the above bounden [sic] Joseph K. Hardy who has been appointed Guardian for Elizabeth E. and Joseph W. Hardy shall faithfully discharge the office and trust of such Guardian according to law, and shall render a fair and just account of his Guardianship to the County Court of the County of Macon, from time to time, as he shall thereto required by said Court and comply with all the orders of said Court lawfully made, relative to the goods, chattles, [sic] title papers, and effects which may come to the hands and possession of said Guardian, belonging to such minors when such minors shall be thereunto entitled, or to any subsequent guardian should such Court so direct, then this obligation shall be void: otherwise to remain in full force and effect. Sealed and delivered in the presence of H.W. Waggoner Clerk of the County Court.
Joseph K. Hardy {Seal}
$1 Revenue Stamp on
James W. X his mark Cross {Seal}
original Bond
George R. Hardy {Seal}
State of Illinois }
Macon County }
I Henry W. Waggoner Clerk of said County Court, do certify that the foregoing is a true, full and correct copy of the original Bond in my office remaining, And that the security thereon is ample and sufficient for the amount of said Bond.
{Seal} Give under my hand and seal of Court this 23rd day of June 1870
H. W. Waggoner Clerk
Petition of Joseph K. Hardy in the matter of Sarah Hardy deceased for letters of Guardianship To the Hon. G. T. Grue Judge of the County Court of Macon County.
The petition of the undersigned Joseph K. Hardy respectfully represents that Elizabeth E. Hardy is a minor aged 10 years on the 7th day of September 1870, that Joseph W. Hardy is a minor aged 8 years on the 6th day of September 1870, that said minors are residents of this County, that they have a father living, but no legal guardian residing in this State, that said minors are entitled to an estate derived from their Grandfather through their Mother, that they have no other estate save that, and that I am desirous of selling their land for the benefit of my wards and investing proceeds of its sale in lands in Macon County, and that your petition is father of and desires the Court to be appointed Guardian of said minors June 23rd 1870.
Joseph K. Hardy
State of Illinois }
Macon County } SS
Joseph K. Hardy being duly sworn, deposed and says that the facts averred in the above petition are true according to the best of His knowledge, information and belief.
Joseph K. Hardy
Sworn to and subscribed before me Henry W. Waggoner Clerk of the County Court of Macon County, this 23rd day of June 1870
H. W. Wagonner Clerk
State of Illinois }
Macon County } SS
I, S. F. Green Judge of the County Court in and for said County in the State of Illinois do hereby certify Henry W. Waggoner who has certified to the authenticity of the foregoing papers copies of the appointment of Joseph K. Hardy Guardian of his minor children is the Clerk of said County Court and the officer authorized to certify such Bonds and papers and that his signature thereto is genuine, and that the attestation is in due form of law. Given under my hand and seal this 23rd day of June, A.D. 1870
S. F. Green {Seal}
Judge of the Macon Co. Court Illinois
State of Illinois }
Macon County } SS
I, Henry W. Waggoner, Clerk of the County Court in and for said County do hereby certify that S. F. Green Esqr. Whose name is subscribed to the above certificate was on the day the same bears date, the County Judge of the County Court, duly commissioned and qualified, that as such, full faith and credit are due to all his official acts, that his signature thereto is genuine and that the certificate is in due form of Law.
Given under my hand and seal of office, at Decatur, this 29th day of October A.D. 1870
H. W. Waggoner Clerk
And the Court having examined said Petition and the Exhibits therewith filed, and being sufficiently advised in the premises finds the matters therein alledged [sic] to be true, that is to say
That said minors are the equal owners in fee simple of the following described Real Estate in Shelby County, Indiana to wit: The North West quarter of the North East quarter of Section three (3) in Township fourteen (14) North Range Seven (7) East except thirteen and one half (13 1/2) Acres off of the North End thereof lying and being in the County of Shelby and State of Indiana as aforesaid . That the Rents and profits derived from said Lands are wholly insufficient to pay the Taxes thereon and keep the same in Repair, that said minors have no other Estate, and that it would be advantageous to their Interest to have said Real Estate sold and the proceeds thereof reinvested in Lands in the said County of Macon Illinois or as the Probate Court of said County may see proper to direct. And the Court being fully satisfied of the propriety to sell said Real Estate, on motion, does now appoint Alonzo Blair and James Willeson, two reputable freeholders of Shelby County, Indiana to appraise the same and the Clerk of this Court is directed to make out and deliver to them a certificate of their appointment which is accordingly done. Whereupon come said appraisers, and take and subscribe an oath honestly and impartially to appraise said above described Real Estate, which Oath is endorsed in the Certificate of their appointment and reads as follows to wit:
State of Indiana }
Shelby County }SS
Before me, the undersigned a Clerk of Court of Common Pleas and for said County personally came James Willeson and Alonzo Blair, being first duly sworn say that they will honestly and impartially appraise the within described Real Estate.
James Milleson {Seal}
Alonzo Blair {Seal}
Subscribed and sworn to before me this 26th day of November 1870, and afterwards return and acknowledge in open Court the following:
J. G. Wolf Clerk
We the undersigned appraisers, appointed by the Shelby Common Pleas Court to appraise the within described Real Estate, do say that the same is worth, in cash, fifty dollars per acre, Total Thirteen hundred and twenty five Dollars
James Milleson
Alonzo Blair
Subscribed and acknowledged, this 26th day of November 1870.
J.G. Wolf Clk.
State of Indiana }
Shelby County }SS
Joseph K. Hardy
Guardian
In the Common Pleas Court of Shelby County November Term 1870. Be it remembered, that on the 26th day of November
1870, it being the 18th Judicial day of said term of said Court the above Guardian filed his petition for the sale
of the following described Real Estate, situate in the County of Shelby in the State of Indiana, to wit:
The North West quarter of the North East quarter of Section Three (3) in Township fourteen (14) North Range seven
(7) East except thirteen and one half (13 1/2) acres off of the North End thereof lying and being in the County
of Shelby and State aforesaid. And the Court having seen and inspected said petition appoints James Willeson
and Alonzo Blair respectable freeholders of the neighborhood to appraise said Real Estate.
Witness J.G. Wolf Clerk of said Court and the sale thereof, this 26th day of November 1870.
J.G. Wolf Clerk
Whereby it appears that said Real Estate is appraised by them at the Sum of Thirteen hundred and Twenty five Dollars, Whereupon it is ordered adjudged and decreed by the Court, that said Guardian be and he is hereby fully authorized empowered and directed to sell the Real Estate of his Wards in this County above described at private Sale for the bet price that he can obtain therefor, but for not less than the full appraised Value thereof on the following terms to wit: One third of the Purchase money to be paid Cash in hand on day of Sale, one third I Six and one third in twelve months thereafter, taking purchasers Notes for the defered payments with good and sufficient freehold Securities, waving valuation or appraisements [illegible] and bearing Six per cent Interest from date.
But before offering said Lands for Sale, said Guardian shall cause Notice of the Time, place, and terms thereof to be given by four successive weekly publications in some public Newspaper of Shelby County Indiana, and of general Circulation, and by posting up written or printed Copies of such Notice in five public places of Shelby County Indiana, three of which shall be posted up in the Township wherein the Land proposed to be sold is situate at least four weeks before said day of Sale. And said Guardian is ordered to make Report of his proceedings in the premises, to this Court at its next Term until which Time this Matter is continued. And afterwards to wit on the 25th day of March 1872 being the 18th Judicial day of the March Term 1872 of said Shelby Com. Pleas Court before the Hon. Judge aforesaid the following proceedings were had in this cause to wit. Comes now into open Court said Guardian by Davis and Love his attorneys and files and submits to the Court a Report in writing of his failure to sell the Real Estate of his wards under the order and directions of this Court made at the November Term 1870 thereof, which Reports is in the Words and figures following to wit:
State of Indiana }
Shelby County }
In the Shelby Common Pleas Court March Term 1871 Joseph K. Hardy, Guardian of the persons and estates of Elizabeth E. Hardy and Joseph W. Hardy minor heirs of Sarah Jane Hardy decd By Davis and Love his attorneys. Reports to the Court that said Guardian was at the November term 1870 of this Court and by this Court ordered to sell as such Guardian the following Real Estate of said wards situate in Shelby County in the State of Indiana to wit: The North West quarter of the North East quarter of Section Three (3) in Township fourteen (14) North Range seven (7) East except thirteen and one half (13 1/2) acres off of the North End thereof at private sale for the best price that he can obtain therefor, but for not less than the full appraised Value thereof on the following terms to wit: One third of the purchase money cash in hand on day of Sale, one third in Six and one third in twelve months thereafter, taking purchasers notes for the defered payments with good freehold securities waiving valuation laws, bearing six per cent interest from date, which order is entered upon Probate Record Number 9 of this Court on page Number 18 & 19 and he by his said attorneys reports to the Court that he has failed to make sale of said lands under said order and that said lands can probably be sold according to the terms of said order by the next term of this Court and he moves the Court to continue said order to sell in force and that he be ordered to sell said lands on the terms in all respects set forth in said order and report the sale to the next term of this Court.
Joseph W. Hardy Guardian by Davis & Love his Attys.
B.F. Love one of the attorneys for Joseph Hardy, the above named Guardian in the matter of the sale of the Real Estate above described as such Guardian says that he believes the facts set forth in the above petition, are substantially true. B.F. Love
Subscribed and sworn to before me this 25th day of March 1871
J.G. Wolf Clerk
And said Guardian now moves the Court for a continuance of said order of Sale, until the next Term which is granted. And afterwards to wit on the 22nd day of July 1871 being the Eighteenth Judicial day of the July Term of 1871 of the said Shelby Common Pleas Court before the Hon. Judge aforesaid, the following proceedings were had in this cause to wit:
Comes now into open Court said Guardian by Davis and Love his Attorneys and proves to the satisfaction of the Court by the Affidavit of Ruben Spicer, Proprietor and Publisher of the Shelby Volunteer a public weekly Newspaper published and printed in Shelby County Indiana, that due and legal Notice of the Time place and Terms of said proposed Sale has been given according to Law by publication thereof for four successive Weeks in said Newspaper prior to said day of sale, and further proves to the Satisfaction of the Court, by the affidavit of one John T. Gillispie, a respectable person, that at least five printed Copies of said Notice were posted up in as many public places in Shelby County of which there were posted in the Township in which the lands to be sold is situated, four weeks prior to said sale, which Notice and proofs of publication and posting thereof aforesaid, read in the Words and figures following to wit:
Guardian's Sale of Land
Notice is hereby given the the undersigned, Guardian of Elizabeth E. Hardy and Joseph W. Hardy, minors, will sell at private sale on and after the 14th day of July 1871, the following described Real Estate, situated in Shelby County in the State of Indiana to wit: The North West quarter (1/4) of the North East quarter (1/4) of Section Number Three (3) in Township fourteen (14) North, Range seven (7) East except thirteen and one half (13 1/2) acres off of the North End thereof. Application of purchasers will be received at the Law Office of Davis and Love in the City of Shelbyville in said County and State. Terms: -- one third cash, the residue in two equal payments of six and twelve months, the purchaser giving Notes at six percent interest, waving valuation, and secured by good freehold security.
June 8th 1871 Joseph K. Hardy, Guardian
Personally appeared Ruben Spicer, who being duly sworn devises and says that he is the Proprietor and Publisher of the Shelby Volunteer a public weekly newspaper of general circulation, printed and published in the City of Shelbyville County and State aforesaid and that the Notice of which the attached is a true copy, was duly published in said paper for four weeks successively, commencing on the 15th day of the year 1867.
Subscribed and sworn to before me this 14th day of July 1871
{Seal} William B. Conner
Notary Public
And now on motion of Guardians Attorneys it is ordered by the Court that this matter be continued for Report of Sale untill [sic] the next Term thereof, and Time is given.
And afterwards to wit on the 24th day of November 1871 being the seventeenth Judicial day of the November term 1871 of the said Shelby Com. Pleas Court before the Hon. Judge aforesaid the following proceedings were had in this cause to wit:
Comes into open Court said Guardian and files and submits to the Court, his report of the Sale of his Wards Real Estate, described in the petition and order of sale therefor obtained by him at the November Term A.D. 1870, of this Court said Report of sale is verified by Guardian's affidavit and reads in the Words and figures following to wit:
State of Indiana Shelby County SS. In Shelby Com. Pleas Court November Term 1871 -- Joseph K. Hardy as Guardian of the persons and Estates of Elizabeth E. Hardy and Joseph W. Hardy would respectfully represent and show to the Hon. Judge of the Com. Pleas Court of Shelby County Indiana that as such Guardian and in pursuance to the Order of this Court, he did cause to be advertised for Sale, at private Sale in the Shelby Volunteer, a weekly Newspaper printed and published said County of Shelby and of general circulation therein, on the 15th day of June 1871 and continuously thereafter for four successive weeks and also gave a like Notice by posting up in the Township wherein said lands are situate, for and during said time, by posting the same up in five public places, and also by posting up like Notice at the Court House Door in all of which notices, he gave Notice that he would on the 14th day of July 1871 sell at private Sale the following described Real Estate in Shelby County Indiana Viz: The North West quarter of the North East quarter of Section Three (3) in Township fourteen (14) North Range seven (7) East except thirteen and one half (13 1/2) acres off of the North End thereof. And in each and every of which Notice he advertised the Terms of said Sale, and for the contents and proof of said Notice he now here refers to the affidavits and proofs of Notice herewith filed and made part thereof. He shows that on the 14th day of July 1871 he sold said Real Estate to Warren Cross for the price and Sum of One thousand three hundred and Twenty-five Dollars upon the following Terms Viz: One third cash in hand. One third in Six and one third in twelve months, defered payments drawing interest from date, and that said purchaser has paid said cash payment and given his Notes wit approved security for the defered payments, in all respects as directed by the Order of this Court. He shows that said Sale be in all things confirmed by this Court.
Joseph K. Hardy
State of Illinois Macon County
Before me the undersigned Clerk of the County within and for said County on this 7th day of September 1871 personally came Joseph K. Hardy who being duly sworn says the matters and things set forth in the foregoing Report of Sale are true in substance and fact, as he is informed and verily believes
Joseph K. Hardy
Subscribed and sworn to before me this 7th day of September 1871.
H. W. Waggoner Clerk
And the Notice above refered to in said report of Sale and the proof ot publication thereof filed with said Report are in the Words and figures following to wit:
Notice is hereby given that the undersigned Guardian of Elizabeth E. Hardy and Joseph W. Hardy minors will sell at private sale on or after the 14th day of July 1871 the following described Real Estate, situated in Shelby County and in the state of Indiana to wit: The North West quarter (1/4) of the North East quarter (1/4) of Section Number Three (3) in Township fourteen (14) North Range seven (7) East except thirteen and one half (13 1/2) acres off the North End thereof. Application of purchasers will be received at the Law office of Davis and Love in the City of Shelbyville, in said County and State. Terms one third cash, the residue in two equal payments of six and twelve months. The purchaser giving notes at six percent interest, waiving valuation and secured by good freehold security June 18th 1871
Joseph K. Hardy Guardian
State of Indiana }
Shelby County }SS
Be it remembered that on this 28th day of June 1871 before me William B. Conner a Notary Public within and for said County personally appeared John T. Gillispie who being by me duly and legally sworn on his oath says that on the 15th day of June he posted up three copies of the within Notice in three public places in Hanover Township in Shelby County in the State of Indiana being the Township in which the within described lands are situated one of said Notices being posted up at Cross Roads at Loggins premises, one, one mile South of that point and the third one, one half mile west of the Town of Freeport. And that he also posted up three copies of said Notice on the 12th & 13th days of June 1871 in Vanburen Township in said County in three Public Places in said Township and at Fountaintown, out at the Cross roads at Dr. Regans, and one at Cross roads of School House of Millers.
John T. Gillispie
Subscribed and sworn to before me, this 28th day of June 1871
{Seal} William B. Conner
Notary Public
And the Court having examined said Report and being satisfied that the Sale above reported by said Guardian has been by him made in all Respects according to law, and the orders and requirements of the Court in the premises, on motion accepts and fully confirms the same, and now orders that said Guardian take from said purchaser a Mortgage upon the premises so sold to him as aforesaid, to secure the payment of the Notes executed for the defered purchase money, and thereupon convey the same to him by a good and sufficient Deed of Conveyance which Deed he shall exhibit and report to this Court at the next Term thereof, until which time this Matter is hereby continued.
And afterwards to wit on the [blank] day of March 1872 being the [blank] judicial day of the March term 1872 of said Shelby Com. Pleas Court before the Hon. Judge aforesaid the following proceedings were head in this cause to wit:
Comes now into open Court said Guardian by Benjamin F. Love his Attorney and reports to the Court the Execution of a Deed of conveyance by him duly made, signed and acknowledged as such Guardian to Warren Cross, the purchaser of his Wards Real Estate, as directed by the Court, which Deed is after due inspection fully confirmed by the Court and the same is ordered to be entered among the complete Record of this proceeding and reads in the Words and figures following to wit.
Deed
This Indenture witnesseth that Joseph K. Hardy, as Guardian of Elizabeth E. Hardy and Joseph W. Hardy, by order of the Common Pleas Court within and for Shelby County in the State of Indiana, entered in Probate order Book of said Court Volume Number ten on pages Number 18, 226, 334 & 474. Conveys to Warren Cross of Shelby County in the State of Indiana, the following described Real Estate situated in Shelby County in the State of Indiana to wit: The North West quarter of the North East quarter of Section Three (3) in Township fourteen (14) North Range seven (7) East except thirteen and one half (13 1/2) acres off the North End thereof for the consideration of One thousand three hundred and Twenty five Dollars. In Witness whereof the said Joseph K. Hardy has hereunto set his hand affixed his seal this 20th day of November 1871
Joseph K. Hardy Guardian
Of Elizabeth E. Hardy &
Joseph W. Hardy
State of Illinois }
Macon county }ss
Before me, Henry W. Waggoner Clerk of the County Court within and for Macon County in the State of Illinois on this 18th day of December 1871 Personally appeared the within named Joseph K. Hardy, the Grantor in the within and annexed deed used for the uses and purposes therein expressed, acknowledged the execution of the within and annexed deed. In testimony whereof I have hereunto set my hand and affixed my official Seal this 18th day of December 1871
H. W. Waggoner Clerk
State of Indiana }
Shelby County } In the Com. Pleas Court March Term 1870
In the Matter of the proceedings of Sale of Elizabeth E. Hardy and Joseph W. Hardy minors
Joseph K. Hardy their Guardian
Now comes Joseph K. Hardy the above named Guardian and reports to the Court, the annexed deed of conveyance executed by him to Warren Cross under the order of this Court and asks the Court to approve the same.
Joseph K. Hardy Guardian by
B. F. Love his Attorney
I certify that the Deed of which the above and foregoing is a true copy was duly stamped as provided by act of Congress.
Recorded 11th day of Oct. 1872 at 4 o'clock P.M.
No. 676 T. J. Cherry R.S.C.
Transcribed by Karen Stoll
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